Rancho Mirage Workplace Sexual Harassment Lawyer
You should speak with a Rancho Mirage workplace sexual harassment lawyer at Walter Clark Legal Group immediately if you were a victim of employment discrimination or other hostile actions on the job based on your sex or gender.
Federal and state law prohibits any form of sexual harassment in the workplace. Sexual harassment is not limited to unwanted advances but also includes any form of discrimination tied to a person’s sex or gender.
Sexual Harassment Can Also Include Hostile Work Conditions
Workplace sexual harassment is prohibited by federal laws, under Title VII of the Civil Rights Act of 1964, and by state law, under California’s Fair Employment and Housing Act (FEHA).
Under California Government Code § 12923, harassment consists of any actions that create a hostile, oppressive, offensive, or intimidating work environment that deprives the victim of emotional peace at work and interferes with their job performance and well-being.
Sexual harassment is not limited to unwelcomed sexual advances. It can also include actions that are considered a form of discrimination against an employee based on their sex, gender, or sexual orientation.
For example, sexual harassment can consist of discriminating against an employee due to their pregnancy. Sexual harassment is generally broken down into two categories: quid pro quo actions and hostile work environments.
Quid Pro Quo Actions
Quid pro quo harassment occurs when an employee is given an ultimatum, express or implied, to engage in sexual and other inappropriate conduct as a condition of receiving or keeping their job, promotion, or other work benefit. Work benefits can also include an increase in pay, favorable working hours, and other special treatment.
Hostile Work Environments
Sexual harassment can also include situations where an employee experiences a hostile work environment. Under Cal. Gov. Code § 12923, hostile work environments can arise from various situations where harassment or inappropriate remarks make an employee feel uncomfortable at work. Retaliatory actions for an employee’s failure to comply with a quid pro quo can also create a hostile work environment.
A court could find a hostile work environment from just one incident of inappropriate conduct. Generally, courts will look at the totality of the circumstances in conjunction with the improper behavior.
If a manager, supervisor, or person with authority is making sexual advances or quid pro quo propositions to a Rancho Mirage employee, they will generally have a strong case for workplace harassment.
Employers Must Take Steps to Prevent Workplace Sexual Harassment
Every state employer is required to take all necessary and reasonable steps to prevent harassment or discrimination, according to Cal. Gov. Code § 12940(k). A court will examine several factors to determine if an employer took the required steps to prevent workplace harassment, such as the total number of employees.
Employers must provide employees with sexual harassment resources, such as posters and informational sheets, to educate employees about illegal sexual harassment under Cal. Gov. Code § 12950. Further, employers are required to maintain a written policy on workplace harassment, discrimination, and retaliation and distribute this information to employees. Among other things, the policy should include information about conduct prohibited by FEHA and provide a confidential complaint process for employees that does not require an employee to first report to their immediate supervisor.
In general, Rancho Mirage employers are liable for workplace sexual harassment if the company, its agents, or supervisors know or should have known of the misconduct and fail to take necessary prompt corrective action under Cal. Gov. Code § 12940(j).
Sexual Harassment Lawsuits Require Certain Procedural Protocols
A seasoned Rancho Mirage attorney could advise a client on the appropriate actions to take when experiencing workplace sexual harassment.
An individual should first seek out their company’s workplace harassment policy and take any necessary action to file an internal complaint. It is important to keep thorough records and evidence of the misconduct and related reports. Failure to report the misconduct can sometimes hurt an employee’s case.
An individual should also file a complaint with relevant state and federal agencies, including the California Civil Rights Department or the Federal Equal Employment Opportunity Commission.
Call a Rancho Mirage Attorney Soon When Facing Workplace Sexual Harassment
Contact a Rancho Mirage workplace sexual harassment lawyer immediately if you have questions about inappropriate conduct on the job. A knowledgeable legal professional at Walter Clark Legal Group could advise you on the process of pursuing a lawsuit.
You could receive damages such as backpay, attorney’s fees, and compensation for your emotional distress. Call today for a free case review.
